Child custody issues happen frequently in Arizona. Children are the most important part of your life. Plus, children are often the reason why people end up getting divorced. Additionally, children are the reason that you may have custody issues.
When issues arise between you and your spouse, you must protect your children. This includes shielding your children from all of the rhetoric of a divorce including inflammatory comments, spousal fighting, and legal maneuvering.
During a split you may also worry about your children’s’ mental and emotional health during the divorce. Protecting your children only makes sense. It’s what you do as a parent.
Let our experienced Arizona Custody lawyers handle the custody battle and represent you with the legal stuff. You should worry about yourself and can get the help you need for your kids. Our job is representing you in custody and family law cases in Arizona. We represent individuals, couples, and families throughout Maricopa, Pinal, and Pima counties in Arizona.
A judge will consider a number of factors when determining custody of a child or children. Both the parents’ and children’s wishes will be considered, along with the children’s relationship with any other children or members of each household. The health of each parent (mental, physical, etc.) will come into play, along with each parent’s home, school, and community. One parent may have the advantage if they have been the primary caregiver for the child in the past, but the other parent’s future potential will be considered as well.
A child likely won’t be placed primarily with a parent who refuses to allow contact with the other parent. This means if one parent can’t refrain from speaking negatively about the other parent (parental alienation), this could hurt their chances for custody. Convictions for domestic abuse, drug addiction, or other crimes can hurt a custody case.
Best Interest of the child are decisions made with the goal of helping a child’s physical, mental, and emotional health. Usually, a relationship with both parents is in the child’s best interest. However, while a parent may want to be in their child’s life, it may not be in the child’s best interest if the parent has a drug dependency, a history of abuse, etc.
The assumption in custody cases is that the parents should have joint custody, or joint legal decision making. However, if one parent is considered an unfit parent, the other parent has a better chance of being awarded full custody. The factors considered in determining whether a parent is unfit are discussed below.
An unfit parent is a parent who fails, either by ability or by choice, to properly look out for the best interests of their child. Leaving childcare up to the other parent, exposing a child to unsafe conditions, having a bad attitude around the child or towards the other parent, allowing the child to engage in age-inappropriate activities, emotional instability or immaturity, substance abuse, domestic violence, and neglect are all factors that can be used to deem a parent “unfit.”
When parents have joint legal decision making for a child, one parent will not have final say over the other when disagreements arise over decisions for the child. Things like which school to attend, medical treatment, etc. will have to be agreed upon by the parents. If the parents aren’t able to come to an agreement, they may use a Parenting Coordinator, a mediator who will research the dispute and tell their recommendation to the court. A parent may appeal the parenting coordinator’s decision to the court if they disagree with it, and will argue their case in a later hearing.
If one parent has sole legal decision making for a child, parents can discuss issues in a child’s life but the parent with sole legal decision making will have the final say on these issues. The other parent may still have parenting time when one parent has sole legal decision making.
Your custody order may have a clause against you leaving the state with your child. Leaving the state without permission from your ex or the court is likely a violation of that order, especially if it interferes with the other parent’s parenting time. If you wish to take the child to another state permanently, you must notify the court and the other parent at least 60 days in advance. You will need the court’s approval before moving 100 miles or more.
Although mothers statistically end up with more custody than fathers, this isn’t because of how the laws in Arizona are written. Custody is determined based on the best interests of the child. A competent father has just as much right to custody as a competent mother.
Parenting time and child support are two separate issues. One parent may not withhold parenting time for failure to pay child support. They will need to pursue that separately. A parent who fails to pay child support can face serious consequences, such as wage garnishments to collect child support arrearages at a much higher maximum than standard debts in Arizona.
To get custody of your child or children during the divorce process, you must file a motion for temporary custody with the court. You can also address issues like child support and alimony in this motion. If the motion is granted, the custody order will last until the issues are formally settled during the divorce proceedings.
Divorce is a stressful time not only for parents but their children as well. You should always emphasize that the divorce isn’t the child’s fault, and avoid speaking negatively about the other parent in front of the child. You should also avoid discussing any details of the divorce (i.e., financial disputes) in front of children. Save this kind of talk for friends, older relatives, or even better, a licensed professional. You may want to consider counseling or therapy for your children if it is financially feasible for you.
You don’t have to go through the court to get a custody order if you and the child’s other parent can informally agree upon a parenting plan. The plan, however, must be in the best interests of the child.
Child custody and visitation rights are highly contested family law issues. Divorces can be tough on everyone involved, especially your children. Specically, when their family unit is seemingly torn apart. In addition, children can find it is hard for them to cope when they cannot be around both of their parents every single day.
With child custody and visitation lawyers in Arizona, My AZ Lawyers can help. For example, My AZ Lawyers will help you work out the details of your child support and custody arrangements. This will ensure you that your children will find it much easier to adjust to their new parental arrangements. Don’t let your ex-spouse rip your family away from you. Let us help.
Phoenix Custody Attorneys
Child custody agreements in Arizona can be tricky to navigate. The expert legal professionals at My AZ Lawyers can help. Child custody laws in Arizona are fairly complex. Ultimately, it is the same family court judge that decides your divorce proceedings. This same judge will ultimately have the final say on your children’s custody and parenting plan.
We strongly encourage parents in a custody dispute to determine a parenting plan which each can agree upon. Often this custody (parenting) plan comes about after mediation between the 2 parties. An experienced Phoenix child custody and divorce lawyer is your best asset during any mediation or potential custody agreements outside of the court. Agreements, if they are to happen, are highly important negotiations in which representation can greatly benefit your position.
When an agreement is reached, parents can submit an agreed upon parenting/custody plan to the court or each party can submit its own plan and have the judge decide the custody of the children based on the merits of the proposed parenting plans of each parent. There are also cases by which neither side submits a parenting plan. In these cases the family court judge will rely on its own observations to determine the parenting plan that must be followed by the parents for the children.
They will help you work out the proper arrangement that pleases you and your children. With our child custody and child visitation lawyers, you can learn about the basic types of child custody arrangements. Find a My Arizona Lawyer custody lawyer that best suits the situation you have with your ex-spouse. This also means, making sure your children have the proper accommodations. And, they receive the proper legal aid you require in order to work out the kinks in the child custody agreement.
Our Arizona Custody Team of Attorneys
Our team of friendly professionals dedicate themselves to providing you with the ultimate legal assistance. In fact, with our wonderful team of paralegals and expert attorneys, we will guarantee your satisfaction. Get the legal assistance you need and make sure that your children are well cared for. We can also help you determine which type of child custody arrangements there are and which ones will work best for you and your child.
Types of Child Custody Arrangements
There are many different types of child custody agreements that can work for you and your family. In addition, from legal custody, physical custody, sole custody, and joint custody, there are plenty of options. For example, child custody agreements that can determine how much you or your ex-spouse see of your children. No matter the circumstances, our caring professionals will make sure you understand every option; especially, before you come to a decision about the well being and care of your child.
With plenty of locations to suit your needs, My AZ Lawyers can help you anywhere in the Valley. Ranging from Avondale and Glendale to Mesa and Tucson, we can provide the best legal assistance that you need in order to determine the right kind of child custody and visitation agreement. Let us help you.
Additionally, with our low cost services and professional legal help, your satisfaction will be guaranteed. By all means, contact us today for more information about our extensive range of services. Call today 480-833-8000 to schedule a consultation with an experienced attorney; we occasionally have same day appointments available. Contact us, our Arizona Family Attorneys look forward to working with you!